RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI Coram: Shri Mohit Sinha, Member (Technical)

1. Rani Ganesh Chintamani, Age 30 years, (Wife of deceased)

2. Sneha Ganesh Chintamani, Aged 03 years, (Daughter of deceased)

3. Smt. Jyoti Vithal Chintamani, Age 50 years, (Mother of the deceased)

(Applicant No. 2 being minor applies through her next friend and natural guardian mother, Rani Ganesh Chintamani)

All residing at: Saraswati Nagar, Panchak Gaon, Jail Road, Nasik Road, District: Nasik, State: (MS) APPLICANTS V E R S U S Union of India, Through The General Manager, Central Railway, Mumbai CST RESPONDENT Appearances:

Mr. S. S. Kakhandki : Advocate for Claimants Ms. Rupali Nayak : Advocate for Respondent Date of Institution: 01.02.2016 Date of Judgment: 08.01.2026

J U D G M E N T

1. This Claim Application is filed by the Applicants under Section 16 of the Railway Claims Tribunal Act, 1987, read with Sec. 123 (c) (2) & Sec. 124 - A of the Railways Act, 1989, for compensation on account of death of Ganesh Vithal Chintamani (hereinafter referred as deceased) in an alleged untoward incident occurred on 27.07.2015. It is claimed that the Applicants being the wife, daughter and mother, are the dependents of the deceased.

The factual matrix of the matter in nut-shell is as below

2. It is alleged that Ganesh Vithal Chintamani, a resident of Nasik Road, was a plumber. It is further alleged that on 27.07.2015, after meeting his wife at Shrirampur, Ganesh Vital Chintamani purchased railway ticket from Shrirampur for travelling to Nasik Road and reached Manmad by Goa Express. From Manmad he boarded in the general compartment of Kashi Express to reach home to Nasik Road. There was heavy rush in the general compartment, but somehow he entered in the compartment. When the said train reached near KM. No. 187/36-38 of Nasik Road, Up Main Line, due to sudden jerk of the train, Ganesh Vithal Chintamani lost his balance and accidentally fell down from the running train, sustained grievous injuries and died on the spot. It is further alleged that the railway ticket on the strength of which the deceased was travelling, was lost in the incident. It is therefore contended that the deceased was a bonafide passenger and died in an untoward incident.

3. In response to notice, Respondent Railway Authority appeared and opposed the Claim application. The Respondent filed Written Statement and also produced on record the DRM report pertaining to investigation conducted by Inspector/RPF/Bhusawal, accompanied with other relevant documents. The DRM report reflects that 27.07.2015, pursuant to information received, Dy. SM/Nasik Road issued a memo to GRP/Nasik Road, stating that as per information from Loco Pilot of 11056 Up Train, one unknown persons dead body is lying on Up Road, from Nasik towards Odha, at KM. No. 187/12-14. The GRP attended the site, conducted the Inquest Panchnama, Spot Panchnama and sent the body for postmortem to Civil Hospital, Nasik Road,. The GRP registered a case vide AD. No. 43/2015, under Sec. 174 of Cr. PC. dated

27.07.2015. The GRP has not mentioned about the recovery of any railway travelling authority from the possession of the deceased. Hence, the deceased was not a bonafide passenger. From the overall investigation and documents on record, it is observed that the alleged incident had occurred before the passing of Train No. 11056 Up from the incident spot. Before Train No. 11056 Up, Train No. JNPT container goods, had passed through the incident spot at 13.17 hours. Therefore, it is clear that the deceased was knocked down/run over by Train No. JNPT, while trespassing the railway line. Thus, the deceased, Ganesh Vithal Chintamani was not travelling by any train at the time of incident. But on the day of incident, the deceased, was knocked down/run over by Train No. JNPT while crossing/trespassing the railway line at KM. No. 187/12-14, which is an offence punishable under Sec. 147 of Railways Act, 1989. Therefore, the Railway Administration